Deyoung v. Bierfeld

District Court of Appeal of Florida

Deyoung v. Bierfeld

533 So. 2d 933, 13 Fla. L. Weekly 2579, 1988 Fla. App. LEXIS 5140, 1988 WL 123802

CourtDistrict Court of Appeal of Florida

DecidedNovember 22, 1988

DocketNos. 87-1600, 87-2080

StatusPublished

Cited by1 cases

This text of 533 So. 2d 933 (Deyoung v. Bierfeld) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Deyoung v. Bierfeld, 533 So. 2d 933, 13 Fla. L. Weekly 2579, 1988 Fla. App. LEXIS 5140, 1988 WL 123802 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

We reverse the summary final judgment in favor of the defendants in a medical malpractice action as barred by limitations [934]*934because claimant’s former attorney’s affidavit created disputed questions of fact which should have been resolved in an evi-dentiary hearing as to whether claimant unreasonably failed to comply with formal discovery as required by sections 768.-57(3)(a) and 768.57(6), Florida Statutes (1985). See Pinellas Emergency Mental Health Serv., Inc. v. Richardson, 532 So. 2d 60 (Fla. 2d DCA 1988).

Reversed.

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PER CURIAM.

We reverse the summary final judgment in favor of the defendants in a medical malpractice action as barred by limitations [934]*934because claimant’s former attorney’s affidavit created disputed questions of fact which should have been resolved in an evi-dentiary hearing as to whether claimant unreasonably failed to comply with formal discovery as required by sections 768.-57(3)(a) and 768.57(6), Florida Statutes (1985). See Pinellas Emergency Mental Health Serv., Inc. v. Richardson, 532 So. 2d 60 (Fla. 2d DCA 1988).

Reversed.

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Bluebook (online)

533 So. 2d 933, 13 Fla. L. Weekly 2579, 1988 Fla. App. LEXIS 5140, 1988 WL 123802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deyoung-v-bierfeld-fladistctapp-1988.

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